JUDGMENT :

Ravindra Maithani, J.

Instant revision is preferred against the followings:-

(i) Judgement and order dated 06.12.2013, passed in Case No. 2093 of 2011, State Vs. Dara Singh, by the court of Additional Chief Judicial Magistrate, Rishikesh, District Dehradun (“the case”). By it, the revisionist has been convicted under Sections 279, 304A, 427 IPC and sentenced as hereunder:-

(i) Under Section 279 IPC – rigorous imprisonment for a period of three months.

(ii) Under Section 304A IPC to undergo rigorous imprisonment for a period of one year, with a fine of Rs.5000/-.

(iii) Under Section 427 IPC to undergo rigorous imprisonment for a period of six months with a fine of Rs.2000/-. In default of payment of fine to undergo imprisonment for a further period of 3 months.

(ii) Judgment and order dated 23.05.2014, passed in Criminal Appeal No. 05 of 2014, Dara Singh Vs. State of Uttarakhand and another, by the court of 1st Additional Sessions Judge, Rishikesh, District Dehradun (“the appeal”). By it the appeal has been dismissed and the order passed in the case was affirmed.

2. Facts necessary to appreciate the controversy, briefly stated, are as follows:-

On 21.01.2009, the deceased Ashok Ku